19-3-105 - Definitions -- Legislative and gubernatorial approval required for radioactive waste license -- Exceptions -- Application for new, renewed, or amended license.
19-3-105. Definitions -- Legislative and gubernatorial approval required forradioactive waste license -- Exceptions -- Application for new, renewed, or amendedlicense.
(1) As used in this section:
(a) "Alternate feed material" has the same definition as provided in Section 59-24-102.
(b) (i) "Class A low-level radioactive waste" means:
(A) radioactive waste that is classified as class A waste under 10 C.F.R. 61.55; and
(B) radium-226 up to a maximum radionuclide concentration level of 10,000 picocuriesper gram.
(ii) "Class A low-level radioactive waste" does not include:
(A) uranium mill tailings;
(B) naturally occurring radioactive materials; or
(C) the following radionuclides if classified as "special nuclear material" under theAtomic Energy Act of 1954, 42 U.S.C. 2014:
(I) uranium-233; and
(II) uranium-235 with a radionuclide concentration level greater than the concentrationlimits for specific conditions and enrichments established by an order of the Nuclear RegulatoryCommission:
(Aa) to ensure criticality safety for a radioactive waste facility in the state; and
(Bb) in response to a request, submitted prior to January 1, 2004, from a radioactivewaste facility in the state to the Nuclear Regulatory Commission to amend the facility's specialnuclear material exemption order.
(c) (i) "Radioactive waste facility" or "facility" means a facility that receives, transfers,stores, decays in storage, treats, or disposes of radioactive waste:
(A) commercially for profit; or
(B) generated at locations other than the radioactive waste facility.
(ii) "Radioactive waste facility" does not include a facility that receives:
(A) alternate feed material for reprocessing; or
(B) radioactive waste from a location in the state designated as a processing site under 42U.S.C. 7912(f).
(d) "Radioactive waste license" or "license" means a radioactive material license issuedby the executive secretary under Subsection 19-3-108(2)(c)(i), to own, construct, modify, oroperate a radioactive waste facility.
(2) The provisions of this section are subject to the prohibition under Section 19-3-103.7.
(3) Subject to Subsection (10), a person may not own, construct, modify, or operate aradioactive waste facility without:
(a) having received a radioactive waste license for the facility;
(b) meeting the requirements established by rule under Section 19-3-104;
(c) the approval of the governing body of the municipality or county responsible for localplanning and zoning where the radioactive waste is or will be located; and
(d) subsequent to meeting the requirements of Subsections (3)(a) through (c), theapproval of the governor and the Legislature.
(4) Subject to Subsection (10), a new radioactive waste license application, or anapplication to renew or amend an existing radioactive waste license, is subject to therequirements of Subsections (3)(b) through (d) if the application, renewal, or amendment:
(a) specifies a different geographic site than a previously submitted application;
(b) would cost 50% or more of the cost of construction of the original radioactive wastefacility or the modification would result in an increase in capacity or throughput of a cumulativetotal of 50% of the total capacity or throughput which was approved in the facility license as ofJanuary 1, 1990, or the initial approval facility license if the initial license approval is subsequentto January 1, 1990; or
(c) requests approval to receive, transfer, store, decay in storage, treat, or dispose ofradioactive waste having a higher radionuclide concentration limit than allowed, under anexisting approved license held by the facility, for the specific type of waste to be received,transferred, stored, decayed in storage, treated, or disposed of.
(5) The requirements of Subsection (4)(c) do not apply to an application to renew oramend an existing radioactive waste license if:
(a) the radioactive waste facility requesting the renewal or amendment has received alicense prior to January 1, 2004; and
(b) the application to renew or amend its license is limited to a request to approve thereceipt, transfer, storage, decay in storage, treatment, or disposal of class A low-level radioactivewaste.
(6) A radioactive waste facility which receives a new radioactive waste license after May3, 2004, is subject to the requirements of Subsections (3)(b) through (d) for any licenseapplication, renewal, or amendment that requests approval to receive, transfer, store, decay instorage, treat, or dispose of radioactive waste not previously approved under an existing licenseheld by the facility.
(7) If the board finds that approval of additional radioactive waste license applications,renewals, or amendments will result in inadequate oversight, monitoring, or licensure complianceand enforcement of existing and any additional radioactive waste facilities, the board shallsuspend acceptance of further applications for radioactive waste licenses. The board shall reportthe suspension to the Legislative Management Committee.
(8) The board shall review each proposed radioactive waste license application todetermine whether the application complies with the provisions of this chapter and the rules ofthe board.
(9) (a) If the radioactive waste license application is determined to be complete, theboard shall issue a notice of completeness.
(b) If the board determines that the radioactive waste license application is incomplete,the board shall issue a notice of deficiency, listing the additional information to be provided bythe applicant to complete the application.
(10) The requirements of Subsections (3)(c) and (d) and Subsection 19-3-104(11) do notapply to:
(a) a radioactive waste license that is in effect on December 31, 2006, including allamendments to the license that have taken effect as of December 31, 2006;
(b) a license application for a facility in existence as of December 31, 2006, unless thelicense application includes an area beyond the facility boundary approved in the licensedescribed in Subsection (10)(a); or
(c) an application to renew or amend a license described in Subsection (10)(a), unless therenewal or amendment includes an area beyond the facility boundary approved in the licensedescribed in Subsection (10)(a).
Amended by Chapter 26, 2007 General Session